Stines, et al. v. Amtrak

Filing 23

STIPULATION and ORDER to Extend Discovery and Dispositive Motion Deadlines, signed by Magistrate Judge Michael J. Seng on 2/18/2014. (Yu, L)

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B. CLYDE HUTCHINSON, State Bar No. 037526
[e-mail]
VINCENT CASTILLO, State Bar No. 209298
[e-mail]
KARA A. ABELSON, State Bar No. 279320
[e-mail]
LOMBARDI, LOPER & CONANT, LLP
Lake Merritt Plaza
1999 Harrison Street, Suite 2600
Oakland, CA 94612-3541
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Defendant
NATIONAL RAILROAD PASSENGER
CORPORATION (AMTRAK)

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Lake Merritt Plaza
1999 Harrison Street, Su ite 2600
Oakland, CA 94612 -3541

LOMBARDI, LOPER & CONANT, LLP

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA—FRESNO DIVISION

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CHARLES STINES; JANET R. STINES

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Plaintiffs,

Case No. 1:13-CV-00522-LJO-MJS
STIPULATION AND ORDER TO EXTEND
DISCOVERY AND DISPOSITIVE MOTION
DEADLINES

vs.
"AMTRAK" aka NATIONAL
RAILROAD PASSENGER
CORPORATION and DOES 1
THROUGH 100 INCLUSIVE

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Defendants.
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STIPULATION

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Plaintiffs Charles Stines and Janet R. Stines and Defendant National Railroad Passenger

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Corporation ("Amtrak"), by and through their attorneys of record, hereby stipulate to extend the

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deadlines set by the Court in its Scheduling Order dated October 17, 2013. This stipulation shall

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not affect the pre-trial conference and trial dates.

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Good cause exists for the requested extensions because plaintiffs have not yet provided

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authorizations for the release of pertinent medical records, which are necessary to obtain prior to

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taking their depositions. This has required the parties to postpone the depositions and further
13249-42974 KAA 652510.1
-1Case No. 1:13-CV-00522-LJO-MJS
STIPULATION AND ORDER TO EXTEND DISCOVERY AND DISPOSITIVE MOTION DEADLINES

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written discovery. The lack of available medical records has further delayed expert discovery, as

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the records are required for expert analysis. Moreover, plaintiffs requested and were granted

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multiple extensions to respond to written discovery, which has likewise delayed the discovery

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process.

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Although the parties have been diligently working to complete discovery, they will require
additional time to engage in both expert and non-expert discovery so that meaningful settlement

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discussions may occur and the parties may adequately prepare their case for trial, if necessary.

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Accordingly, additional time is needed to receive and review plaintiffs’ complete medical files

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and to subsequently conduct plaintiffs’ depositions. The parties do not anticipate filing

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Lake Merritt Plaza
1999 Harrison Street, Su ite 2600
Oakland, CA 94612 -3541

LOMBARDI, LOPER & CONANT, LLP

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dispositive motions in this matter, but do request that the dispositive motion filing deadline and

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hearing date be continued in accordance with the new discovery deadlines so that the parties have

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adequate time to prepare a motion for summary judgment or adjudication, if necessary, after the

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close of all discovery.

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Based on the foregoing, the parties stipulate to the following continuances:

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1.

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The deadline to complete non-expert discovery in compliance with Rule 26 shall

be extended from February 28, 2014 to April 15, 2014.
2.

The deadline to serve expert witness disclosures and expert reports in compliance

with Rule 26(a)(2)(B) shall be extended from March 14, 2014 to May 2, 2014.
3.

The deadline to complete all expert discovery, including depositions of expert

witnesses, shall be extended from April 28, 2014 to June 16, 2014.
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The deadline to file, serve, and notice all non-dispositive motions shall be

extended from April 28, 2014 to June 16, 2014.
5.

The deadline to file, serve, and notice all dispositive motions shall be extended

from May 28, 2014 to June 30, 2014.

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13249-42974 KAA 652510.1

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Case No. 1:13-CV-00522-LJO-MJS
STIPULATION AND ORDER TO EXTEND DISCOVERY AND DISPOSITIVE MOTION DEADLINES

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Dated:

February 14, 2014

DANIEL HARRALSON LAW FIRM

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By:
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/s/ Daniel Harralson
DANIEL HARRALSON
Attorneys for Plaintiffs

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Dated:

February 14, 2014

LOMBARDI, LOPER & CONANT, LLP

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By:

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Lake Merritt Plaza
1999 Harrison Street, Su ite 2600
Oakland, CA 94612 -3541

LOMBARDI, LOPER & CONANT, LLP

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/s/ Kara Abelson
KARA ABELSON
Attorneys for Defendant,
NATIONAL RAILROAD PASSENGER
CORPORATION

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ORDER
WHEREAS, good cause exists for the relief requested herein, the Court hereby makes the
foregoing Stipulation the Order of this Court.

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IT IS SO ORDERED.

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Dated:

February 18, 2014

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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13249-42974 KAA 652510.1

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Case No. 1:13-CV-00522-LJO-MJS
STIPULATION AND ORDER TO EXTEND DISCOVERY AND DISPOSITIVE MOTION DEADLINES